WEE SU BEE 1. GOH LAI CHUN 2. PUI CHENG CHIN

WEE SU BEE 1. GOH LAI CHUN 2. PUI CHENG CHIN

The plaintiff failed to plead and prove, with the required particulars and beyond reasonable doubt, the existence of a trust or the terms of any enforceable agreement to transfer the property; contemporaneous documents and conduct did not support the claim, therefore the registered title remains indefeasible under s 340 NLC and the claim for declaration fails, but equitable repayment for proven payments was ordered.

Citation
DA-22NCVC-4-01/2018 (Mahkamah Tinggi)
Parties
Plaintiff: WEE SU BEE; 1st Defendant and Personal Representative of 2nd Defendant: GOH LAI CHUN; 2nd Defendant (deceased): PUI CHENG CHIN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 October 2020
Case Number
DA-22NCVC-4-01/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Property/land (declaration of Ownership and Removal of Caveat) / Judgment (trial)
Outcome
Claim dismissed
Legal Topics
Indefeasibility of Title, Trusts and Burden of Proof, Caveat Removal, Oral Agreement to Transfer, Particulars of Pleading, Equitable Compensation
Source Language
Malay/English
Property Law Trusts Land Registration Contract Law Civil Procedure Indefeasibility of Title Trusts and Burden of Proof Caveat Removal +3 more

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Parties

WEE SU BEE

Plaintiff

GOH LAI CHUN

1st Defendant and Personal Representative of 2nd Defendant

PUI CHENG CHIN

2nd Defendant (deceased)

Procedural Posture

Civil Property/land (declaration of Ownership and Removal of Caveat) / Judgment (trial)

Legal Issues

  1. 1 Whether the plaintiff established a trust over the property
  2. 2 Whether there was an enforceable agreement (oral or written) to transfer the property to the plaintiff
  3. 3 Whether the plaintiff is entitled to a declaration of beneficial ownership and removal of caveat

Ratio Decidendi

The plaintiff failed to plead and prove, with the required particulars and beyond reasonable doubt, the existence of a trust or the terms of any enforceable agreement to transfer the property; contemporaneous documents and conduct did not support the claim, therefore the registered title remains indefeasible under s 340 NLC and the claim for declaration fails, but equitable repayment for proven payments was ordered.

Court Disposition

Claim dismissed

Orders

  • Private caveat entered by the plaintiff (presentation no. 990/2017) removed forthwith
  • Estate of the 2nd Defendant to refund the plaintiff RM94,392